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1978 Supreme(Gau) 8

K.LAHIRI
Chandra Kanta Deka and others – Appellant
Versus
Hem Chandra Deka and others – Respondent


Advocates Appeared:
S.N. Medhi, J.N. Sarma

Judgement

JUDGEMENT:-TheappellantshavinglosthandsdownintheCourtsbelowhaveprojectedtheSecondappealagainsttheconcurrentfindingsoffactandlaw.Theplaintiffsaretheappellants.

2. The plaintiffs case, in short, is that Baneswar and Fuleswar, while living jointly, had purchased two parcels of land jointly - one in Mouza Shymbari and another in Mouza Dohi and had joint possession over the purchased land. After Baneswars death his son Asar Deka separated from his (Asars) uncle Fuleswar in the year 1935. There was a partition, in consequence whereof the parcel of land in Dohi Mouza fell in the share of Fuleswar (father of the present plaintiff) whereas Asar and his brothers got the land in Shymbari Mouza. The plaintiffs are the sons of Fuleswar and the defendants Nos. 1 to 3 are the sons of late Asar Deka. The suit land is in Dohi Mouza and measures 10 Bighas 1 Katha and 15 Lechas. According to the plaintiffs, the suit land had fallen in the share of Fuleswar who was in possession thereof since 1935. After Fuleswars death his sons (the present plaintiffs) paid land revenue in respect of the suit land. According to the plaintiffs, the suit land which had been mutated in the name of Baneswar, the




















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